Description:
PRESIDENT’S
STATEMENT
Introduction:
The year under review, 2020, was unexpectedly
disrupted as a result of the coronavirus pandemic
which swept through the nations of the world from
November, 2019. It made its forays into our country
two weeks short of the end of the fist quarter.
Due to the directives issued by government with
respect to the strict adherence to COVID-19 social
distancing and hygiene protocols, and the eventual
ban on meetings and social gatherings, the Institute
in compliance, suspended all its activities indefiitely.
In the 57 years existence of the Institute, this was
unprecedented. The Secretariat also shut down for
the three-week lockdown period.
Since all the activities of the Secretariat are usually inperson, all events, CPDs, school outreach programmes
and the May, 2020 examinations were suspended.
Once government eased the restrictions on events
and activities in June 2020, the suspended May 2020
examinations were held in July in the year under
review
During the period of restrictions, the IT Department
rose to the occasion and provided innovative
alternatives to holding in-person activities. A virtual
public lecture was held which was live-streamed
across all the Institute’s social media platforms. This
was followed by a virtual Graduation and Admission
Ceremony.
The icing on the cake was when eventually, the
suspended Annual General Meeting with Council
elections were held virtually in August 2020, with
the introduction of the fist ever e-voting for Council
elections. Over three thousand (3,000) members
participated in the e-voting an unprecedented level of
participation in any council elections.
The Investiture Ceremony for the newly-elected
Council was held in September, 2020 at the Golden
Tulip hotel following the further easing of restrictions.
Unfortunately, the annual Presidential Luncheon could
not be held. But the gap was filed in with other virtual
events including the review of the draft Bill which
received Presidential assent in December, 2020.
Due to the suspension of in-person activities,
the revenue streams of the Institute were greatly
impacted. However, by the third and fourth quarters
of the year, the Institute was able to recover from a
projected loss to an appreciable surplus much to the
delight of Council, management and staff
Amidst all the ensuing events, the Institute rigorously
adhered to all the COVID-19 social distancing and
hygiene protocols at all in-persons events held such
as, the July and November professional examinations
and the last Graduation and Admission ceremony
held in November, 2020.
The Institute, with the support of some District
Societies, donated an amount of Twenty Thousand
Ghana Cedis (GH¢20,000) to the National Covid-19
Trust Fund.
By the grace of God, no staf was compromised by
the infection, though unfortunately, the Institute lost
a number of members to the deadly pandemic. May
their souls and the souls of all the faithfully departed
rest in peace. Amen.
In appreciation to God for His mercies and grace for
seeing all and sundry through a most turbulent year,
the Secretariat held a festival of Nine Lessons and
Thanksgiving Service at its forecourt to thank God for
His mercies and for how far His grace had brought us.
In attendance were the various district societies
in Accra and AWAG. They participated in a choral
competition. AWAG emerged as the best choir,
followed by Spincity and Kascity.
Passage of ICAG Bill
Council worked assiduously with management and
its legal team to facilitate the passage of ICAG bill by
the erstwhile Parliament. The Bill has since received
presidential assent.
Membership
In the year under review, despite the disruptions
created by the coronavirus pandemic, the Institute
organised two graduation and admissions ceremonies
in April (virtually) and November (in-person) to admit
newly-qualifid members. A total of six hundred and
eighty (680) new members were admitted.
Members in good standing in 2020 stood at 5,448.
Professional Development
In the year under review, a total of sixteen (16) CPD
programmes were held as against eighteen (18) in the
previous year. Comparably, even though the pandemic
disrupted most of the in-person CPDs earmarked for
the year, the quick adaption to the virtual platform
saved the day. Most of the CPDs were deployed either
via Zoom or Google Meet.
It was gratifying to note that participation and
patronage were not impeded but rather signifiantly
increased. Members are encouraged to put premium
on CPDs because of the dynamism of the global
business environment.
The Secretariat organized its annual Regulators’
Forum on 25th November, 2020 as scheduled.
However, this time round it was held as a virtual event.
Presentations were made by Bank of Ghana, RegistrarGeneral’s Department, National Pensions Regulatory
Authority (NPRA), ARB Apex Bank Limited, Financial
Intelligence Centre (FIC) and Ghana Audit Service.
The event was moderated by Mr. Anthony Sarpong,
Vice Chairman of the Professional Standards and
Ethics Committee.
Continental Collaboration
PAFA Board Meetings
Due to the disruptive effct of the pandemic in
the year under review, the in-person PAFA board
meetings scheduled for March 2020 were cancelled
and held virtually later in the year. The President, Prof.
Williams Atuilik attended the in-person meeting held
in November 2020 in Mombasa, Kenya.
Legal Issues and Cases
a. Guidelines by Securities & Exchange Commission
The Institute’s attention was drawn to a circular
issued by the Securities and Exchange Commission
(SEC) on guidelines for registering auditors of public
companies and SEC licensees. Some members
and representatives from Practice Society teamed
up with the Secretariat to hold deliberations with
SEC to suspend their newly-instituted policy. The
engagement between the Institute and SEC is ongoing
to resolve the issue.
b. Frederick Moore V ICAG
Plaintif fied a Writ on 14th October, 2016 praying,
inter alia, for a declaration that his dismissal by the
Defendant was wrongful. He also made a claim for
unpaid salaries, allowances and bonuses, among
others, amounting to a total of GH¢899,782.63.
On 26th October 2016, Defendant (ICAG) fied a
Statement of Defence and Counterclaim for the
refund of an amount of GH¢1,356,055.58 being monies
misappropriated by the Plaintiff
The trial is currently on-going and Plaintiffs crossexamination by the Defendant’s Counsel has been
completed.
c. Criminal Case involving Fredrick Moore
In the year under review, the Institute formally pursued
a criminal case against Fred Moore (former CEO). As
part of the process, the CID visited the offi and
invited some members of staf for questioning and
conducted further investigations. Subsequently, the
CID invited Mr. Fred Moore, following which he was
granted self-recognition bail. He is expected to report
weekly to the CID at the Police Headquarters.
d. Chartered Institute of Certifid Tax Accountants
Ghana V National Accreditation Board, ICAG, AG
The Applicant fied a motion for enforcement of its
fundamental human rights praying, inter alia, for a
declaration that the 1st and 2nd respondents’ claim
that they are the only bodies empowered by law to
accredit and regulate the accounting programme/
profession in Ghana is a violation of its constitutional
and fundamental human rights.
The trial is currently ongoing, and the applicant has
closed its case. The 1st and 2nd respondents are
yet to open their case. At the last adjourned date on
20th November, 2019, the matter could not be heard
because the 1st and 2nd respondent’s counsel were
absent.
The applicant has failed to continue the suit; hence
the Court has adjourned the case sine die.
e. Dr. Adu Anane Antwi V ICAG
The case was fied by the plaintif on the 28th day of
July 2016 praying for:
1. an order directed at the Defendant to always use
the name “Institute of Chartered Accountants
(Ghana)” as designated by Act 170.
2. an order declaring as illegal the admission of
members to the Institute under section 4(1) (b) of
Act 170 without regulations made by a Legislative
Instrument as mandated by section 24 of Act 170
to approve members of any society or Institute
of accountants of equivalent status to the
defendant institute as eligible for admission into
its membership.
3. An order prohibiting the admission of members
to the Institute under section 4 (1) of Act 170
pending the promulgation of a legislative
instrument as mandated by section 24 of Act
170 for regulations to approve members of any
society or Institute of accountants of equivalent
status to the defendant’s institute as eligible for
admission into is membership.
4. an order directed at the defendant not to allow
any member who has not passed the qualifying
exam for membership of defendant to use the
title ‘Chartered Accountant’ or the expression
‘CA’ after his or her name.
5. An order declaring illegal the licensing of
accounting fims by the defendant as such
licensing is not provided under Act 170.
6. An order that the defendant bears the cost of the
plaintif cost.
The Plaintif on 20th January, 2021 fied a notice of
withdrawal of the suit.
f. Dr. Adu Anane Antwi V ICAG
Plaintif fied a Writ on 16th August, 2016 praying for
various reliefs including declaring that the Annual
General Meeting of the defendant which was held
on 29th July, 2016 lacked a legal basis and was held
in clear violation of the Defendant’s establishment
statute. On 10th July, 2017 and again on 7th November,
2018, Plaintif fied a notice of intention to proceed
but the matter has since been dormant.
g. Dr Adu Anane Antwi V ICAG and 11 others
Dr. Adu Anane Antwi fied a suit at the High Court
13th July, 2020 challenging the legality of the past
Council holding offi after the two-year tenure which
technically was deemed to have ended in May 2020.
The Court on 2nd November, 2020 heard the parties
to the suit, which the plaintif made a viva voce
application to discontinue the lawsuit fied.
h. Dr. Adu Anane Antwi V ICAG and 11 others
In another development, Dr. Adu Anane Antwi on
28th August, 2020, served the Institute with a writ
of summons seeking a declaration that licensing
accounting fims under Act 170 is illegal. The Institute
responded to the suit accordingly per the law’s
requirements; however, the Plaintiff (Dr. Adu Anane
Antwi) after fiing his reply to the Institute’s Statement
of Defence, has not fied any further process.
i. Caradoc Mills Lamptey, J. Mills Lamptey & Co. V
ICAG
The Court served the Institute with a writ of summons,
Statement of Claim and an Injunction application fied
on 25th June, 2020 at the Commercial Court Division
of the High Court by Caradoc Mills Lamptey and J.
Mills Lamptey & Co.
The Plaintiff among other reliefs sought:
1. A declaration that the defendant’s act of using its
fact-fiding mission as a subterfuge to investigate
and condemn the plaintiff without due process is
wrongful and unlawful.
2. An order that sets aside the defendant’s
conclusion of wrongdoing against the plaintiff
in the so-called ‘Report on special Engagement
Compliance review.’
A declaration that the plaintiffs legal justifiation
for the fies imposed by the defendant does
not constitute professional misconduct under
the Chartered Accountants Act, 1963 (Act 170)
to warrant the imposition of statutory sanctions
against the plaintiff.
4. A declaration that the plaintiffs 2018 audit of the
fiancial statement of Construction Bank Limited
is not a stated factor in the revocation of the
bank’s operating licence by Bank of Ghana (BoG).
5. An order of injunction to restrain the defendant
from any form or manner, penalising the plaintiff
in respect of the 2018 audit of the fiancial
statements of Construction Bank Limited.
6. A declaration that the defendant is not entitled
to reject or refund that plaintiff’ 2020 annual
subscriptions on the grounds stated in any of the
defendant’s correspondence with the plaintiff.
7. Any other relief as the Honourable Court may
deem fi, and
8. Recovery of the Plaintiff’ total costs and expenses
in this action.
The trial is ongoing for the Court to determine the
application’s merits.
j. The Republic V ICAG & 13 others, Ex-parte Caradoc
Mills Lamptey , J. Mills Lamptey & Co.
Mr. Caradoc Mills Lamptey, J. Mills Lamptey & Co.
further to the above suit, on 5th August, 2020, fied
for an order for committal for contempt against the
Institute and 13 others, i.e the Council members for
publishing a list of licensed fims in good standing
for the year 2020. Mr. Caradoc Mills Lamptey, J. Mills
Lamptey & Co. prayed to the Court to commit the
respondents for their contemptuous act.
The case is ongoing at the Court.